The Federal High Court sitting in Abuja, on Friday, declined to allow the Economic and Financial Crimes Commission, EFCC, to arraign the immediate past Governor of Kogi State, Alhaji Yahaya Bello, in the absence of his lawyers.
Bello was scheduled to enter his plea before trial Justice Emeka Nwite, on another 19-count charge that bordered on his alleged complicity in an N80.2billion fraud.
When the matter was called up, none of the lawyers representing the former governor, was in court.
Notwithstanding the development, EFCC’s counsel, Mr. Kemi Pinheiro, SAN, urged the court to allow the defendant who had already mounted the dock, to take his plea.
Placing reliance on provisions of sections 271, 277 and 396 of the Administration of Criminal Justice Act, 2015, the prosecution lawyer argued that what the law required for the arraignment to take place, was the physical presence of the defendant and not his counsel.
When he was asked why his lawyers were not around, Bello, told the court that he only got to know about the proceeding, around 11pm on Thursday.
He maintained that his lawyers were probably not aware that the case which was originally adjourned till January 21, 2025, was later brought forward by the court.
Consequently, in his short ruling, Justice Nwite said he was not willing to compel the defendant to enter his plea to the charge when his lawyers are not in court.
He held that it was not in dispute that when the case came up on October 30, the former governor was not in court, a situation that led the EFCC to apply for him to be tried in absentia.
Justice Nwite noted that he had directed both the prosecution and defence lawyers to address the court on the application, after which he reserved ruling on the issue till next year.
He held that from the statement of defendant, it was clear that his lawyers were not notified that the case would come up on Friday.
The court also noted that it had earlier issued a bench warrant for the defendant to be arrested and produced for his trial.
However, it stressed that the bench warrant cannot be sacrificed on the alter of fair hearing.
According to Justice Nwite, it would amount to a breach of fair hearing, for the defendant to be docked in the absence of any lawyer representing him.
“It would have been different if the defendant had no lawyer representing him.
“It is therefore my view that the interest of justice will be met by putting the defence counsel on notice about this abridgement of time,” Justice Nwite added.
He, therefore, ordered the service of hearing notice on Bello’s lawyers, even as further proceedings in the matter was deferred till December 13 to enable the parties to address the court on whether the original date the case was adjourned to, should be abridged.
The court ordered that the defendant should remain in custody of the anti-graft agency till the next adjourned date.
It will be recalled that Justice Nwite had on April 17, issued a warrant for the arrest of the former governor following his repeated failure to appear before the court for his arraignment.
Effort by operatives of the EFCC to execute the arrest order at Bello’s residence in Abuja was allegedly thwarted by the incumbent governor of Kogi State, Ahmed Ododo, who was said to have whisked him away in his official car.
Nevertheless, after months of hide-and-seek, Bello, last Tuesday, surrendered himself to the anti-graft agency which docked him before a High Court of the Federal Capital Territory on Wednesday.
Justice Maryanne Anenih of the FCT high court had upon the plea of not guilty by the defendant, remanded him in custody of the EFCC, from where he was brought before the Federal Court on Friday for the botched arraignment.
Those to be arraigned alongside the ex-governor, are his nephew, Ali Bello and two others- Dauda Suleiman and Abdulsalam Hudu.
The EFCC alleged that the defendants engaged in money laundering, breach of trust and misappropriation of public fun.
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